HB-6338, As Passed Senate, December 7, 2004
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 6338
A bill to amend 1951 PA 33, entitled
"An act to provide police and fire protection for townships and
for certain areas in townships, certain incorporated villages,
and cities under 15,000 population; to authorize contracting for
fire and police protection; to authorize the purchase of fire and
police equipment, and the maintenance and operation of the
equipment; to provide for defraying the cost of the equipment; to
authorize the creation of special assessment districts and the
levying and collecting of special assessments; to authorize the
issuance of special assessment bonds in anticipation of the
collection of special assessments and the advancement of the
amount necessary to pay such bonds, and to provide for
reimbursement for such advances by reassessment if necessary; to
authorize the collection of fees for certain emergency services
in townships and other municipalities; to authorize the creation
of administrative boards and to prescribe their powers and
duties; to provide for the appointment of traffic officers and to
prescribe their powers and duties; and to repeal certain acts and
parts of acts,"
by amending section 11 (MCL 41.811), as amended by 1989 PA 81.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 11. (1) The governing bodies of 2 or more contiguous
2 townships, villages, or qualified cities may, acting jointly,
3 create a joint police administrative board, fire administrative
1 board, or police and fire administrative board. A joint
2 administrative board shall consist of 2 members from each
3 participating township, village, or qualified city. The members
4 of a joint administrative board shall be appointed by their
5 respective governing bodies for terms of 6 years. However, of
6 the first members appointed, 1 member from each participating
7 township, village, or qualified city shall be appointed for a
8 term of 4 years. A member of a joint administrative board shall
9 not be an employee of a police or fire department of a
10 participating township, village, or qualified city. A member of
11 a joint administrative board may be compensated for each meeting,
12 not to exceed 52 per year, at a rate not to exceed $30.00 by the
13 joint administrative board for each meeting the member attends
14 and shall be reimbursed for actual and necessary expenses
15 incurred in the performance of board duties. A vacancy on a
16 joint administrative board shall be filled by the original
17 appointing governing body for the remainder of the unexpired
18 term.
19 (2) At its first meeting, a joint administrative board shall,
20 by resolution approved by a majority of its members, select an
21 additional member who shall be a resident of a participating
22 township, village, or qualified city. The members shall annually
23 elect a chairperson and a vice-chairperson from the board
24 membership. A joint administrative board shall hold 4 regular
25 quarterly meetings a year and special meetings as necessary at
26 times as it determines. A joint administrative board shall adopt
27 its own rules of procedure and shall keep a record of its
1 proceedings. A majority of the members constitute a quorum for
2 the transaction of business and the affirmative vote of a
3 majority of all the members is necessary for the adoption of a
4 motion or resolution. The members of a joint administrative
5 board shall be residents of the townships, villages, or qualified
6 cities from which they were appointed. The members of a joint
7 administrative board may be removed by the appointing governing
8 body.
9 (3) A joint administrative board created pursuant to this
10 section shall prepare an annual police department budget or fire
11 department budget, or both, for the police department, fire
12 department, or police and fire departments of each participating
13 township, village, or qualified city. The proposed budgets shall
14 be submitted to and reviewed by the respective governing bodies
15 and may be amended, adopted, or rejected by them. A joint
16 administrative board shall have other powers and duties as
17 considered necessary by the participating governing bodies. A
18 joint administrative board, if authorized to employ and appoint a
19 police chief, fire chief, or other police or fire officers,
20 including detectives, shall only employ and appoint such officers
21 on behalf of an individual township, qualified city, or village
22 and does not constitute a new employer.
23 (4) The business which
that a joint administrative board
24 may perform shall be conducted at a public meeting of the board
25 held in compliance with
the open meetings act, Act No. 267 of
26 the Public Acts of
1976, as amended, being sections 15.261 to
27 15.275 of the Michigan
Compiled Laws 1976 PA 267, MCL
15.261 to
1 15.275. Public notice of the time, date, and place of the
2 meeting shall be given in
the manner required by Act No. 267 of
3 the Public Acts of
1976, as amended the open
meetings act, 1976
4 PA 267, MCL 15.261 to 15.275.
5 (5) A writing prepared, owned, used, in the possession of, or
6 retained by the board in the performance of an official function
7 shall be made available to the public in compliance with the
8 freedom of information
act, Act No. 442 of the Public Acts of
9 1976, as amended,
being sections 15.231 to 15.246 of the Michigan
10 Compiled Laws 1976 PA 442, MCL 15.231 to 15.246.
11 (6) As used in this
section, : (a) "City" means a city with
12 a population of not
more than 15,000. (b) "Governing "governing
13 body" means the body in which the legislative powers of a
14 township, village, or qualified city are vested.
15 Enacting section 1. This amendatory act does not take
16 effect unless Senate Bill No. 1485 of the 92nd Legislature is
17 enacted into law.